Lane Filtering Laws in Massachusetts That Motorcyclists Should Know About

What Is Lane Filtering?

Massachusetts motorcyclists may have heard the term "lane filtering" without knowing exactly what it means. Lane filtering is perhaps one of the most poorly understood concepts in motorcycle law, in Massachusetts and nationwide. Unfortunately for motorcyclists, the lack of knowledge on this topic also extends to Massachusetts state troopers, who have been known to issue tickets to motorcyclists "lane splitting" when motorcyclists are actually lane filtering.
So what is lane filtering, anyway? Lane filtering is the act of a motorcyclist moving forward through stationary or slow traffic to the front of a traffic light or intersection. Motorcycles are narrow enough to fit between cars in a lane where other vehicles would otherwise be too wide and with wider rear mirrors that stray into neighboring lanes of traffic. Lane filtering allows motorcyclists to avoid blocking traffic while they’re stopped at an intersection. In Connecticut, for instance, the state legislature is considering legislation that would make lane filtering illegal. That said, the Connecticut legislature would obviously like to see motorcycles and their operators treated more like conventional motor vehicles instead.
Lane splitting, on the other hand , is when a motorcyclist drives a motorcycle between stalled or slow-moving vehicles that are in the same lane. Lane splitting is illegal in all jurisdictions in the U.S., with the exception of some parts of California. The distinction is important for Massachusetts motorcyclists, as law enforcement has occasionally "pigeonholed" lane filtering and called it "lane splitting." Lane filtering is not illegal, but as long as law enforcement doesn’t understand the difference, innocent motorcyclists could get caught up in an unwarranted ticket.
Motorcyclists in other parts of the world take for granted the right to filter lanes. In Europe, it’s commonly practiced. Similarly, Taiwan just legalized lane splitting this year. Cycle World says that both lane filtering and lane splitting have utility and value because they give motorcyclists the ability to avoid leaving vehicles behind, thus obviating any risk of injuries or death from rearending accidents. Because narrow motorcycles give their riders the ability to move through traffic in ways that large passenger vehicles cannot, lane filtering offers a safety valve for motorcyclists who want to avoid being rear-ended while they stop at a light or in slow traffic.

Massachusetts Lane Filtering Laws

Recent Legislative History in Massachusetts: No Lane Filtering
Massachusetts has no current laws or regulations in place that legally allow lane filtering. In fact, lane splitting and filtering is officially illegal under the Commonwealth’s vehicular and traffic rules.
Not only is official legislation absent, but the issue of lane filtering comes, by statute, with a severe penalty for motorcyclists. The law specifically states:
"The division of motor vehicles shall not issue special plates, placards or stickers or provide an identification decal for any motorcycle traffic violation issued under [this] section."
In fact, a traffic citation for lane filtering could deliver severe consequences for a motorcyclist, some of which include a citation would prevent the vehicle owner from getting special plates, placards, stickers, etc., which is an additional punishment for being busted in this way. Furthermore, a non-motorcyclist under similar circumstances would not receive such treatment. A violation of laws restricting motorcyclists to lane splitting could be a ticket, a fine and a warrant for a license to practice.
However, lane splitting is one thing – specifically dividing lanes while remaining in an active lane of traffic – and filtering is another, because a motorcyclist is essentially navigating between lines closely and with the intention of overtaking the lead vehicle. Lane filtering, referred to as "white-lining" in Massachusetts, can be a point of contention for law enforcement, and the lack of legislation leaves much up to interpretation. The Massachusetts Department of Motor Vehicles advises that white-lining is a violation of motor vehicles code, and because no language that legitimizes or permits it exists in the code, it can still be interpreted as illegal given its use to divide lanes while still in a lane of traffic.

How Does It Compare to Other States

An overview of lane filtering laws in other states demonstrates that the Birchwood Police decision is not in step with the majority of the country.
Florida, for example, is one of seven states where lane splitting is legal. Florida Statute Chapter 316.2093 authorizes motorcyclists to "filter" in lanes. A strict no-lane splitting approach is taken by more than one-third of the country. In these states, lane splitting can be anything but advantageous. The states that explicitly prohibit lane splitting are as follows: Hawaii, Idaho, Kansas, Kentucky, Michigan, Nebraska, West Virginia. In every other state, lane splitting is neither prohibited nor affirmed, which means that there is no statutory or regulatory recognition of lane splitting. Lane filtering, on the other hand, is allowed throughout most of the country, although there are no standards for lane filtering, and it’s up to the discretion of law enforcement whether lane filtering is legal or not. Illinois Statute 625 ILCS 5/11-1409, for example, only suggests that lane filtering is permitted by stating, "A motorcycle with a sidecar may be driven with a distance of not more than 10 inches between the motorcycle and any moving or parked vehicle." However, there is no law in Illinois that states that lane filtering is illegal. While the Birchwood Police decision deviated from how surrounding states regulate lane splitting and filtering, most importantly, this decision did not weigh in on any statutory language regulating how lane splitting should be performed. Therefore, this decision should not be construed to mean that lane splitting and filtering do not occur, and that they are at odds with statutory language in Massachusetts.

Advantages and Disadvantages

The arguments for lane-filtering are steeped in positive anecdotal effects for motorcyclists. The theory goes that, by allowing motorcyclists to travel between lanes of traffic, motorcyclists will be able to filter themselves to the front of stopped or slow moving traffic in the hot sun, rain or snow. Advocates further argue that the ability to move efficiently through traffic, along with the lessened risk of being rear-ended, the closer the motorcycle is to the front of a queue of stopped or slow moving traffic, makes lane filtering a safer transportation option. From a safety perspective, proponents of lane filtering argue that the greater flexibility in lane positioning would give motorcyclists more options to maneuver and avoid potential hazards on the road.
The counter argument from large vehicle enthusiasts is that lanes are for "each vehicle to remain in their own designated lane" and that "motorcycles and large trucks don’t mix." From the motorcyclist’s perspective, the theory is tinged by a bit of hubris. Given the nature of the typical urban commuting situation in which lane filtering is most helpful to a motorcyclist , the lane is not of any kind of significant benefits to the large vehicles, given traffic congestion. Indeed, in those noted situations, being stopped in traffic is the far worse option financially, emotionally and in time, for a motorcyclist.
Moreover, lane filtering provides a motorcyclist with the flexibility to be able to safely navigate their way around the "squeezers"—the large car, truck, van or SUV driver who refuses to allow motorcyclists to pass. With the increased flexibility to maneuver via lane filtering, motorcyclists can simply move themselves to the front of the line of stopped or slow moving vehicles for which they are filtering.
While lane splitting is increasingly being talked about, both in Massachusetts and nationally, one thing is certain: mechanical flexibility is generally good for the motorcycle and the rider, both in an individual and collective sense. Lane filtering would undoubtedly give motorcyclists, as a group, additional mechanical flexibility to navigate traffic safely.

Safety Considerations for Motorcyclists

Even if lane filtering is legality in the jurisdiction your are driving in, motorcyclists should still be paying attention. Consider the following tips and safety considerations for motorcyclists to follow when lane filtering is legal and when it is unofficially practiced.
— Stick to the left side of the lane, especially when approaching big rigs.
— Do not lane filter over a double yellow line. Changing lanes is illegal.
— Follow the flow of traffic, and don’t go over the speed limit.
— Approach slower than you would on a two-lane road. You may need to brake quickly to avoid hazards.
— Remember that lane filtering is not legal in every circumstance. Make sure to research Massachusetts lane filtering laws.
— Respect passenger car space. Not everyone is aware of what lane filtering is and is not aware that lane filtering is legal. Keep track of the cars around you, and if you’re driving in Boston, near Charlestown or in a similar crowded area, you’ll have to keep an eye on available lane filtering space. Stay out of rage.
— Avoid staying in the front of a line of cars. You may be tempted to do this after lane filtering to block other cars from trying to pass you, but this serves no purpose. In traffic, you’ll get ahead far more quickly by further separating yourself from the herd.

The Future of Lane Filtering in Massachusetts

As interest in lane filtering continues to grow, more states are adopting laws to solidify the practice and protect motorcyclists. In New Jersey, for example, new legislation was proposed in 2020 that would permit lane splitting. While so far unsuccessful, the issue remains a hot topic and may be considered again in the next legislative session. Similar legislation has been enacted in other Northeastern states, including Delaware and Maryland. New Hampshire also proposed legislation in their 2021 session, but as of this writing it has not become law . To date, Massachusetts has not proposed the adoption of lane splitting or lane filtering into law, but that does not mean this will not happen in the future. Public and legislative support for such measures on the increase, and recent history shows the state is no stranger to enacting legislation aimed at serving the needs of motorcyclists. That said, there are still many important hurdles and viewpoints that may affect whether more expansive lane filtering can safely be introduced into the state.

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